A DMV (Department of Motor Vehicles) DUI/DWI hearing is an administrative hearing to determine whether the state should suspend the license (driving privileges) of a driver who has been charged with DUI/DWI. This hearing is also known as an “administrative per se” or “admin per se” hearing or an “administrative license revocation” or ALR hearing, and generally must be requested within a matter of days following the DUI/DWI arrest to challenge the automatic suspension of the driver’s license.

A defendant has the right to be represented by an attorney at such a DMV hearing—but unlike the criminal prosecution portion of a DUI/DWI charge, a defendant does not have a Constitutional right to counsel in an administrative DMV hearing and must hire an attorney (or be self-represented or pro se), as the state will not appoint an attorney to represent the defendant.

Laws regarding DMV hearings for driver’s license suspensions or revocations in DUI/DWI cases vary from state to state—including procedures and deadlines—and are generally located in a state’s statutes—often in the vehicle code, penal or criminal code, or administrative code.

In Kentucky, a DUI/DWI charge can lead to an administrative hearing regarding the suspension of driving privileges. This hearing is separate from the criminal court proceedings and is focused on the status of the driver's license rather than the criminal charges per se. In Kentucky, if a driver fails or refuses a breath, blood, or urine test, the officer will seize their driver's license and issue a temporary 30-day permit. The driver then has 10 days to request an administrative hearing to challenge the suspension. If the driver does not request a hearing within this time frame, the suspension becomes automatic. At the DMV hearing, the driver has the right to be represented by an attorney, but unlike in criminal court, there is no constitutional right to a state-appointed attorney for this administrative process. Therefore, the driver must either hire an attorney or represent themselves. The specific procedures and deadlines for these hearings are outlined in Kentucky's statutes, particularly in the vehicle and traffic codes.